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The Department of Social Work, Christ University
in collaboration with
The National Human Rights Commission of India
organizes
One-day training programme on Human Rights
on
3 December 2013
A Report
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Programme Schedule:
ONE DAY TRAINING PROGRAMME ON HUMAN RIGHTS
Date: 3/12/2013
Time Topic Resource persons
9.30 am to 10.00 am Inauguration
SESSION I 10.00am to 11.30am
Introduction to Human Rights
Constitutional Provisions
Universal Declaration of Human Rights
International Covenants regarding Human Rights
Mr.Manohar, Human Rights Activist “CARE” Bangalore
11.30am to 11.45am Tea Break
SESSION II 11.45am to 1.15pm
Human Rights Institutions in India
Protection of Human Rights Act, 1993
Composition and functioning of NHRC/SHRCs
Other National/ State commissions
Ms. Swagata Raha, Sr. Consultant – Centre for Child and the Law – National Law School, Bangalore
1.15pm to 1.45pm Lunch Break
SESSION III 1.45pm to 3.15pm
Rights of Women and Children
UN Convention on the Elimination of All Forms of Discrimination against Women, 1979 and its optional protocols
UN Convention on the Rights of the Child, 1989 and its optional protocols
Ms. Rajakumari Michael, Sr. Manager – Child Rights and You (CRY), Bangalore
3.15pm to 3.30pm Tea Break
SESSION IV 3.30pm to 5.00pm
Rights of other vulnerable groups
Bonded Labour Issues and the Bonded Labour system (Abolition) Act, 1976
Child Labour Issues and Child Labour(Prohibition and Regulation) Act, 1986
SC/ST issues & Scheduled Caste and Scheduled Tribe (Prevention of Atricities) Act, 1989, Civil Liberties Act, 1988 & The Forest Rights Act, 2006
Mr.Vasudeva Sharma, Executive Director Child Rights Trust Bangalore
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Summary Report
The Department of Social Work, Christ University in collaboration with the National Human
Rights Commission of India, held a one-day training programme on Human Rights today (3
December 2013). Many senior players and activists from the field of Human Rights were invited
to address over a 100 students and faculty from the Departments of Social Work and Sociology.
Prof. Mallika Krishnaswami, the Dean of Humanities and Social Sciences, Christ University
presided over the function by drawing light into the issues of human rights violation hovering
over us and the relevance of this training programme in such a contemporary scenario. Ms.
Sushma, Asst. Professor, Department of Social Work, Christ University, spoke about the role of
National Human Rights Commission (NHRC) and the greatness of the work they do by making
the concept of Human Rights known to all by supporting ventures and endeavours such as these
along with the distribution of a pamphlet describing the work of NHRC and certain concepts and
ideas about Human Rights to the attendees at the beginning of the programme.
Prof. Mallika Krishnaswami, the Dean of Humanities and Social Sciences, Christ University
talking about the relevance of this training programme in such a contemporary scenario
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Mr. Manohar, an eminent activist, jump started the sessions by giving an overall idea of human
rights and values from a back drop of strong and indigenous ethical values that got lost
somewhere in the archives of history from an Indian point of view as well as its amalgamation
into the international diaspora with the Universal Declaration of Human Rights. Ms. Swagata
Raha, a Senior Consultant with the Centre for Child and the Law, gave specific idea of how
Human Rights Commissions are set up at the national and state level. Ms. Rajakumari Michael
from Child Rights and You (CRY), gave an insight into the need for engendering and also talked
about the UN Child Rights Convention and its protocols. Mr. Vasudeva Sharma cheerfully
engaged the students in an interactive session involving students to empathize the stand point of
vulnerable people and discussed about the issues of bonded and child labour and acts with regard
to the protection of the marginalized communities and the environment.
A part of the audience who attended the programme
Overall, the students participation during the training programme was witnessed and appreciated
by the Resource Persons and it is the wish of the organizers of this programme that the issue of
human rights be seen with a deeper sense of concern by one and all and efforts be taken to curb
issues and incidences related to violation of rights-that being the very need of the hour and the
only way humane values and human rights handhold to bring forth a bolder, braver and better
world.
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Detailed Report
Inauguration:
The one-day training programme on Human Rights organised by the Department of Social Work
and National Human Rights Commission was held on 3 December 2013. The programme
commenced at 9.00 am and was presided by the Dean of Humanities and Social Sciences, the
Coordinator of Sociology, Economics, Social Work and CSA and staff members of Social work
and Sociology departments. 110 students were present from the Department of Social Work and
Applied Sociology. It was coordinated by Ms. Sushma Murthy who also introduced the influence
of NHRC in organizing such a programme and the inaugural note was delivered by Ms. Malika
Krishnaswamy incorporating the need for human rights in the world today.
Session 1: Introduction to Human Rights
The first session of the training program on Human Rights was taken by Mr Manohar who has
done his M.A in Sociology and is a Human Rights Educator and Activist. Mr Manohar started
this session by asking the audience what they thought human rights were. Human Rights are the
basic rights which everyone inherits the moment one is conceived in the mother‟s womb.
Mr Manohar then spoke about the urgency to take Human Rights seriously and the core sectors
of the Rights which are the „Right to Freedom‟, the „Right to Equality‟, the „Right to Health‟, the
„Right to Education‟, the „Right to food and security‟, the „Right to shelter and peace‟ and the
„Right to development‟ which are the different aspects of the „Right to Life and Livelihood with
Dignity‟.
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Mr Manohar during the session
The session then moved on to the principles of Human Rights, which are Inalienable, Inherent,
Universal, Irrevocable and Indivisible. Human Rights were categorized based on generations,
where the first generation was the individual level – the civil and the political. The second
generation was the collective level – the economic, social, cultural, the tribal, minorities and the
indigenous and the third level which was development, peace and environment. Various
definitions of Human Rights given by famous personalities such as Jack Donnely, Tiber
Mancham, Joel Feinberg, Kant Baier and others were analyzed.
The Rights related to Life, Equality and Liberty were discussed and analyzed and the conclusion
made was that if an individual has his Right to Life, Equality and Liberty he dignity will be
upheld, which is the fourth right.
Human Rights in India were divided into various periods. The Vedic Period, Arthashastra-300
BC, the Colonial Period, Post-Colonial Period, Late 60‟s and early 70‟s
The various similarities between the UDHR and the Indian constitution, the ICCPR and the
Indian constitution and the ICESCR and the Indian constitution were brought out.
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Discussions
-What are shadow reports?
These are the reports sent by Ngo‟s or any other private institutions to the Human Rights
Commissions by the residents of the country.
-What is the penalty for working more than the regular hours and the laws that are applicable to
this?
Labor laws have a set of policies which act as guideline to protect the employees of an
organization or an industry.
-Does the penalty for working more than the regular hours, apply to educational institutions as
well?
This varies from different educational institutions since most of the universities are deemed or
are currently working under the government.
Session II: Human Rights Institutions in India
The second session of the day was scheduled from 11:45am to 1:15pm which was addressed by
Ms Swagata Raha from National Law School, Bangalore. The session aimed at covering Human
Rights Institutions(HRI) in India with special focus on National Human Rights
Commission(NHRC) , National Commission for Women(NCW) , National commission for
protection of Child Rights(NCPCR) .
The speaker focused on history, growth, composition and functioning of Human Rights
Institutions in India under the following headings:
Establishment –need and emergence of HRIs as institutions which are neither governmental nor
non governmental bodies but are independent bodies. Establishment of HRIs at national and state
levels.
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International standards –minimal standards to be met by institutions and their independence in
terms of foundational, operational, functional and financial nature.
Ms Swagata Raha during the session
Composition – Pluralistic representation of social forces involved in protection and promotion of
Human Rights. The commission consists of chairperson and few members who are mostly
chosen based on their contribution to the field and have no past records of violation of Human
Rights and Child Rights. Ex. Chief Justice of Supreme Court.
Appointment the guidelines on the appointment process, and the tenure and removal of the
members, salaries and allowances were discussed.
Functions of HRIs like inquiry, inspection, review, promotion of Human Rights literacy,
monitoring and implementation of laws, etc.
Operational autonomy of the various institutions were studied where the only autonomy that all
the three institutions in concern had were dependence on central government staff. Their powers
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of search and seizure , investigation , inquiry , to make regulations etc were also critically
analysed.
Financial dependency of the HRIs was discussed. The flow of funds were explained in detail.
Critical evaluation The speaker then went on to talk about why multiple commissions in India
had failed, and spoke about her proposal of merging all the institutions into one, after which she
compared single and multiple institutions of Human rights, pointing out the advantages of a
single human rights institution.
Discussions
-Would not a single model mean that there is less wrong doing in the country?
Yes I agree to the point but there are a lot of political factors in our country which make it
impossible.
-Are the department of child rights, ministry of child and women, and commission of child and
women related?
No, they are not related. The HRI is not part of the government, but the parent ministry excises
control on them.
-Why does the NCPCR not have any power to instigate an inquiry?
That is how the law is designed. Since the NCPCR does not have judges on the panel, it is very
hard for them to instigate enquiries.
-What has been the response to your proposal?
It is a new idea, so it will take time for the people to process and accept it.
-Is it possible for the people to overcome political pressure and bring about change?
In the recent past, the RTI act has been used to find out how appointments have been made.
There should be no nomination for the posts but an application process, and transparency should
be ensured.
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Session III: Rights of Women and Children
The speaker (Rajakumari Michael (CRY)) initiated the discussion by citing two examples out of
her experiences on vulnerability of women in India. The women in both the cases were victims
of domestic violence. She also talked about the status of women and children in India.
Rajakumari Michael during the session
In India high infant mortality rate in seen in girls. 77 in every 1000 children born in India do not
see their 5th
birthday. Among these, most of them are girls. Female girl child and women (esp
Dalit) are the most vulnerable group in India.
India had signed the UN Convention on the Elimination of All Forms of Discrimination against
Women. But India refused to sign the optional protocol 3 which is on communication process.
Discussions
-Isn‟t reservation in itself is discrimination?
According to the speaker and students, women have been exploited and suppressed over a long
period of time. They were denied of their legitimate rights and also they were not allowed to
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express their views. In a male dominated society, it is very difficult for the women to carve their
place. Moreover, to balance the social difference and distance between men and women
reservation is necessary.
-Has the chain of historical customs led to the social problems in today‟s time?
Most of the malpractices carried out today do not have its traces in history (Vedic period). It was
simply practiced by a group of people or community.
Session IV: Rights of other Vulnerable Groups
In the fourth session Mr Vasudeva Sharma, the Executive Director of CRT, Bangalore illustrated
on the rights of other vulnerable groups. The session began with the discussion on equality to
vulnerability. According to him Vulnerability is a state of mind that we have created and anyone
can be vulnerable at any point of time. He also emphasised on the issues faced by the vulnerable
groups such as lack of access to resources, unequal treatment, discrimination, untouchability,
prohibitions, lack of access to public services. Most often they are subjected to victims of false
cases, exploitation and denial of justice. They are restricted in many ways such as bonded labour,
lack of freedom of expression and restricted opportunities.
Mr Vasudeva Sharma during the session
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The session went on to speak about District Human Development Report (DHDR), which has six
dimensions that includes inclusion, discrimination, freedom, standard of living, gender
dimension and access to basic facilities.
The loop holes in the laws pertaining to vulnerable groups also were included in the session. The
acts that were discussed were Abolishment of Bonded Labour System Act 1976, Abolition and
Regulation of Child labour Act 1986, Scheduled caste and Scheduled Tribe Prevention of
Atrocities Act 1989.
Beyond the lectures:
Delicious food was served and the community of budding Social Scientists bonded at lunch
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The Handout:
Human Rights
What are human rights?
Human rights are rights inherent to all human beings, whatever our nationality, place of
residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all
equally entitled to our human rights without discrimination. These rights are all interrelated,
interdependent and indivisible.
Universal human rights are often expressed and guaranteed by law, in the forms of treaties,
customary international law , general principles and other sources of international law.
International human rights law lays down obligations of Governments to act in certain ways or to
refrain from certain acts, in order to promote and protect human rights and fundamental
freedoms of individuals or groups.
Universal and inalienable
The principle of universality of human rights is the cornerstone of international human rights
law. This principle, as first emphasized in the Universal Declaration on Human Rights in 1948,
has been reiterated in numerous international human rights conventions, declarations, and
resolutions. The 1993 Vienna World Conference on Human Rights, for example, noted that it is
the duty of States to promote and protect all human rights and fundamental freedoms, regardless
of their political, economic and cultural systems.
All States have ratified at least one, and 80% of States have ratified four or more, of the core
human rights treaties, reflecting consent of States which creates legal obligations for them and
giving concrete expression to universality. Some fundamental human rights norms enjoy
universal protection by customary international law across all boundaries and civilizations.
Human rights are inalienable. They should not be taken away, except in specific situations and
according to due process. For example, the right to liberty may be restricted if a person is found
guilty of a crime by a court of law.
Interdependent and indivisible
All human rights are indivisible, whether they are civil and political rights, such as the right to
life, equality before the law and freedom of expression; economic, social and cultural rights,
such as the rights to work, social security and education , or collective rights, such as the rights
to development and self-determination, are indivisible, interrelated and interdependent. The
improvement of one right facilitates advancement of the others. Likewise, the deprivation of one
right adversely affects the others.
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Equal and non-discriminatory
Non-discrimination is a cross-cutting principle in international human rights law. The principle is
present in all the major human rights treaties and provides the central theme of some of
international human rights conventions such as the International Convention on the Elimination
of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of
Discrimination against Women.
The principle applies to everyone in relation to all human rights and freedoms and it prohibits
discrimination on the basis of a list of non-exhaustive categories such as sex, race, colour and so
on. The principle of non-discrimination is complemented by the principle of equality, as stated in
Article 1 of the Universal Declaration of Human Rights: “All human beings are born free and
equal in dignity and rights.”
Both Rights and Obligations
Human rights entail both rights and obligations. States assume obligations and duties under
international law to respect, to protect and to fulfil human rights. The obligation to respect means
that States must refrain from interfering with or curtailing the enjoyment of human rights. The
obligation to protect requires States to protect individuals and groups against human rights
abuses. The obligation to fulfil means that States must take positive action to facilitate the
enjoyment of basic human rights. At the individual level, while we are entitled our human rights,
we should also respect the human rights of others.
National Human Rights Commission (NHRC)
The National Human Rights Commission (NHRC) of India is an autonomous public body
constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28
September 1993. It was given a statutory basis by The Protection of Human Rights Act, 1993
(TPHRA). The NHRC is the national human rights institution, responsible for the protection and
promotion of human rights, defined by the Act as "rights relating to life, liberty, equality and
dignity of the individual guaranteed by the Constitution or embodied in the International
Covenants".
TPHRA mandates the NHRC to perform the following functions:
Proactively or reactively inquire into violations of human rights or negligence in the
prevention of such violation by a public servant
By leave of the court, to intervene in court proceeding relating to human rights
Visit any jail or other institution under the control of the State Government, where
persons are detained or lodged for purposes of treatment, reformation or protection, for
the study of the living conditions of the inmates and make recommendations
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Review the safeguards provided by or under the Constitution or any law for the time
being in force for the protection of human rights and recommend measures for their
effective implementation
Review the factors, including acts of terrorism that inhibit the enjoyment of human rights
and recommend appropriate remedial measures
Study treaties and other international instruments on human rights and make
recommendations for their effective implementation
Undertake and promote research in the field of human rights
Engage in human rights education among various sections of society and promote
awareness of the safeguards available for the protection of these rights through
publications, the media, seminars and other available means
Encourage the efforts of NGOs and institutions working in the field of human rights
Such other function as it may consider it necessary for the protection of human rights.
……………….
